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Canada’s participation in the U.N.’s anti-terrorism sanctions regime, also known as the “1267 Regime”, is being challenged in Federal Court by the BC Civil Liberties Association (BCCLA) and the International Civil Liberties Monitoring Group (ICLMG), in conjunction with Abousfian Abdelrazik (the only Canadian citizen on the 1267 List, despite the fact that both the Canadian Security Intelligence Service and the Royal Canadian Mounted Police have cleared him of involvement in any criminal activities).

Warren Allmand, for the ICLMG: “Individuals placed on the 1267 List are subjected to the most severe restrictions on their personal liberties, yet afforded none of the basic protections of procedural fairness absolutely fundamental to the rule of law.”

The 1267 Regime has drawn criticism from Canada’s Federal Court, the United Nations’ own experts, and the European Court of Justice. Earlier this year, the House of Lords struck down the domestic implementation of the 1267 Regime in the United Kingdom, criticizing the lack of an effective judicial remedy against a listing by the UN’s 1267 Committee. In March the Swiss Parliament’s foreign-relations committee approved a proposal to create a mechanism under which the Swiss government would have to stop enforcing international financial sanctions against people on the U.N. 1267 terrorist list in circumstances where little had been proved against them.

Carmen Cheung, Counsel at the BCCLA : “The protection of rights is at the core of the UN’s mission. The UN Charter’s requirement that all state parties implement directives contained in Security Council Resolutions simply cannot extend to practices that are patently at odds with basic principles of fairness and due process. It would run counter to the very notion of the rule of law – the bedrock upon which all international human rights is built.”